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Commission Delegated Regulation (EU) 2019/1122Show full title

Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (Text with EEA relevance)

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  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS

    1. CHAPTER 1 Subject matter, scope and definitions

      1. Article 1.Subject matter

      2. Article 2.Scope

      3. Article 3.Definitions

    2. CHAPTER 2 The registries system

      1. Article 4.Union Registry

      2. Article 5.European Union Transaction Log

      3. Article 6.Communication links between registries and the EUTL

      4. Article 7.National administrators

    3. CHAPTER 3 Accounts

      1. Section 1 General provisions applicable to all accounts

        1. Article 8.Accounts

        2. Article 9.Account status

        3. Article 10.The administering of accounts

        4. Article 11.Notifications from the central administrator

      2. Section 2 Opening and updating accounts

        1. Article 12. Opening accounts administered by the central administrator

        2. Article 13.Opening an auction collateral delivery account in the Union Registry

        3. Article 14.Opening operator holding accounts in the Union Registry

        4. Article 15.Opening aircraft operator holding accounts in the Union Registry

        5. Article 16.Opening trading accounts in the Union Registry

        6. Article 17.Opening national holding accounts in the Union Registry

        7. Article 18.Registering verifiers in the Union Registry

        8. Article 19.Refusal to open an account or register a verifier

        9. Article 20.Authorised representatives

        10. Article 21.Nominating and approval of authorised representatives

        11. Article 22.Updating of account information and information on authorised representatives

        12. Article 23.Trusted account list

      3. Section 3 Closure of accounts

        1. Article 24.Closure of accounts

        2. Article 25.Closure of operator holding accounts

        3. Article 26.Closure of aircraft operator holding accounts

        4. Article 27.Removing verifiers

        5. Article 27a. Closure of the ESR Compliance Account

        6. Article 28.Closure of accounts and removal of authorised representatives on the administrator's initiative

        7. Article 29.Positive balance on accounts under closure

      4. Section 4 Suspension of access to accounts

        1. Article 30.Suspension of access to accounts

  3. TITLE II SPECIFIC PROVISIONS FOR THE UNION REGISTRY FOR THE UNION EMISSIONS TRADING SYSTEM

    1. CHAPTER 1 Verified emissions and compliance

      1. Article 31.Verified emissions data for an installation or aircraft operator

      2. Article 32.Blocking of accounts due to a failure to submit verified emissions

      3. Article 33.Calculation of compliance status figures

    2. CHAPTER 2 Transactions

      1. Section 1 General

        1. Article 34.Only transactions expressly provided for in this Regulation for each...

        2. Article 35.Execution of transfers

        3. Article 36.Nature of allowances and finality of transactions

      2. Section 2 Creation of allowances

        1. Article 37.Creation of allowances

      3. Section 3 Account transfers before auctions and allocation

        1. Article 38.Transfer of general allowances to be auctioned

        2. Article 39.Transfer of general allowances to be allocated free of charge

        3. Article 40.Transfer of aviation allowances to be auctioned

        4. Article 41.Transfer of aviation allowances to be allocated free of charge

        5. Article 42.Transfer of aviation allowances to the special reserve

        6. Article 43.Transfer of general allowances to the EU Total Quantity-Account

        7. Article 44.Transfer of aviation allowances to the EU Aviation Total Quantity Account

        8. Article 45.Deletion of aviation allowances

      4. Section 4 Allocation to stationary installations

        1. Article 46.Entry of national allocation tables into the Union Registry

        2. Article 47.Changes to the national allocation tables

        3. Article 48.Free allocation of general allowances

      5. Section 5 Allocation to aircraft operators

        1. Article 49.Changes to the national aviation allocation tables

        2. Article 50.Free allocation of aviation allowances

        3. Article 51.Return of aviation allowances

      6. Section 6 Auction

        1. Article 52.Entry of auction tables into the EUTL

        2. Article 53.Changes to the auction tables

        3. Article 54.Auctioning of allowances

      7. Section 7 Trading

        1. Article 55.Transfers of allowances

      8. Section 8 Surrender of allowances

        1. Article 56.Surrender of allowances

      9. Section 9 Deletion of allowances

        1. Article 57.Deletion of allowances

      10. Section 10 Transaction reversal

        1. Article 58.Reversal of finalised processes initiated in error

    3. CHAPTER 3 Links with other greenhouse gas emission trading systems

      1. Article 59.Implementation of linking arrangements

  4. TITLE IIA SPECIFIC PROVISIONS FOR ACCOUNTING TRANSACTIONS UNDER REGULATIONS (EU) 2018/842 AND (EU) 2018/841

    1. CHAPTER 1 Transactions under Regulation (EU) 2018/842

      1. Article 59a. Creation of AEAs

      2. Article 59b. Annual emission allocation units

      3. Article 59c. Transfer of AEAs to each ESR Compliance Account

      4. Article 59d. Introduction of the relevant greenhouse gas emissions data

      5. Article 59e. Calculation of the balance of the ESR Compliance Account

      6. Article 59f. Determination of the compliance status figures

      7. Article 59g. Application of Article 9(1)(a) and (b) of Regulation (EU) 2018/842

      8. Article 59h. Use of flexibility laid down in Article 6 of Regulation (EU) 2018/842

      9. Article 59i. Borrowing of AEAs

      10. Article 59j. Banking of AEAs

      11. Article 59k. Use of Land Mitigation Units

      12. Article 59l. Ex ante transfers of a Member State's annual emission allocation

      13. Article 59m. Transfers after the calculation of the balance of the ESR Compliance Account

      14. Article 59n. Safety Reserve

      15. Article 59o. First round of distribution of the Safety Reserve

      16. Article 59p. Second round of distribution of the Safety Reserve

      17. Article 59q. Adjustments

      18. Article 59r. Transfers of previously banked AEAs

      19. Article 59s. Execution and reversal of transfers

  5. TITLE III COMMON TECHNICAL PROVISIONS

    1. CHAPTER 1 Technical requirements of the Union Registry and the EUTL

      1. Section 1 Availability

        1. Article 60.Availability and reliability of the Union Registry and the EUTL

        2. Article 61.Helpdesks

      2. Section 2 Security and authentication

        1. Article 62.Authentication of the Union Registry

        2. Article 63.Accessing accounts in the Union Registry

        3. Article 64.Authentication and authorisation in the Union Registry

        4. Article 65.Suspension of all access due to a security breach or a security risk

        5. Article 66.Suspension of access to allowances in the case of a suspected fraudulent transaction

        6. Article 67.Cooperation with relevant competent authorities and notification of money laundering, terrorist financing or criminal activity

        7. Article 68.Suspension of processes

        8. Article 69.Suspension of linking agreements

      3. Section 3 Automated checking, recording and completing of processes

        1. Article 70.Automated checking of processes

        2. Article 71.Detection of discrepancies

        3. Article 72.Detection of discrepancies within the Union Registry

        4. Article 73.Reconciliation — detection of inconsistencies by the EUTL

        5. Article 74.Finalisation of processes

      4. Section 4 Specifications and change management

        1. Article 75.Data exchange and technical specifications

        2. Article 76.Change and release management

    2. CHAPTER 2 Records, reports, confidentiality and fees

      1. Article 77.Processing of information and personal data

      2. Article 78.Records

      3. Article 79.Reporting and availability of information

      4. Article 80.Confidentiality

      5. Article 81.Fees

      6. Article 82.Interruption of operation

  6. TITLE IV TRANSITIONAL AND FINAL PROVISIONS

    1. Article 83.Implementation

    2. Article 84.Further use of accounts

    3. Article 85.Use restrictions

    4. Article 86.Provision of new account information

    5. Article 87.Amendments to Regulation (EU) No 389/2013

    6. Article 88.Repeal

    7. Article 89.Entry into force and application

  7. Signature

    1. ANNEX I

    2. ANNEX II

      Terms and conditions

      1. Payment of fees

        1. 1. The terms and conditions regarding any registry fees for establishing...

      2. Modification of core terms and conditions

        1. 2. Modification of the core terms to reflect changes to this...

      3. Dispute resolution

        1. 3. Provisions relating to disputes between account holders and choice of...

      4. Responsibility and liability

        1. 4. The limitation of liability for the national administrator.

        2. 5. The limitation of liability for the account holder.

    3. ANNEX III

      Information to be submitted with requests for opening an account

      1. 1. The information set out in Table III-I.

    4. ANNEX IV

      Information to be provided for opening an auction delivery account or a trading account

      1. 1. The information set out in Table III-I of Annex III....

      2. 2. Proof that the person requesting to open an account has...

      3. 3. Evidence to support the identity of the natural person requesting...

      4. 4. Evidence to support the address of the permanent residence of...

      5. 5. The following documents in case of a legal person requesting...

      6. 6. If a legal person requests to open an account, national...

      7. 7. Evidence to support the registered address of the legal person...

      8. 8. The criminal record, or any other document that is accepted...

      9. 9. If a document is provided in original to the national...

      10. 10. A copy of a document may be submitted as evidence...

      11. 11. The administrator of the account may require that the documents...

      12. 12. Instead of obtaining paper documents proving information required under this...

    5. ANNEX V

      Additional information to be provided for registering verifiers

      1. A document proving that the verifier requesting registration is accredited...

    6. ANNEX VI

      Information to be provided for opening an operator holding account

      1. 1. The information set out in Table III-I of Annex III....

      2. 2. Under the data provided in accordance with Table III-I of...

      3. 3. If the account holder is part of a group, it...

      4. 4. The information set out in Table VI-I and VI-II of...

      5. 5. If a legal person requests to open an account, national...

      6. 6. Instead of obtaining paper documents proving information required under this...

    7. ANNEX VII

      Information to be provided for opening an aircraft operator holding account

      1. 1. The information set out in Table III-I of Annex III...

      2. 2. Under the data provided in accordance with Table III-I, the...

      3. 3. If the account holder is part of a group, it...

      4. 4. The call sign is International Civil Aviation Organisation (ICAO) designator...

      5. 5. If a legal person requests to open an account, national...

      6. 6. Instead of obtaining paper documents proving information required under this...

    8. ANNEX VIII

      Information concerning authorised representatives to be provided to the administrator of the account

      1. 1. The information set out in Table VIII-I of Annex VIII....

      2. 2. A duly signed statement from the account holder indicating that...

      3. 3. Evidence to support the identity of the nominee, which may...

      4. 4. Evidence to support the address of the permanent residence of...

      5. 5. The criminal record, or any other document that is accepted...

      6. 6. If a document is provided in original to the national...

      7. 7. A copy of a document may be submitted as evidence...

      8. 8. The administrator of the account may require that the documents...

      9. 9. Instead of obtaining paper documents proving information required under this...

    9. ANNEX IX

      Formats for submitting annual emissions data

      1. 1. Emissions data for operators shall contain the information set out...

      2. 2. Emissions data for aircraft operators shall contain the information set...

    10. ANNEX X

      National allocation table

      1. Row No Quantity of general allowances allocated free of charge...

      2. Rows No 2 to 13 shall be repeated for each...

    11. ANNEX XI

      National aviation allocation table

      1. Row No Quantity of aviation allowances allocated free of charge...

      2. Rows No 2 to 13 shall be repeated for each...

    12. ANNEX XII

      Auction table

      1. Row No Information on the auction platform 1 Identification code...

    13. ANNEX XIII

      Reporting requirements of the central administrator

      1. I. Union Registry information related to the EU ETS

        1. Information available to the public

          1. 1. The EUTL shall display on the public website of the EUTL the...

          2. 2. The EUTL shall display on the public website of the EUTL the...

          3. 3. The EUTL shall display on its public website the following general...

          4. 4. The EUTL shall display on the public website of the EUTL the...

          5. 5. On 1 May each year, the following information shall be...

        2. Information available to account holders

          1. 6. The Union Registry shall display on the part of the...

      2. II. Information related to accounting of transactions under Title IIA

        1. Information available to the public

          1. 7. The central administrator shall make publicly available the following information...

        2. Information available to account holders

          1. 8. The Union Registry shall display on the part of the...

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